The Arizona Implied Consent Law

Many states use the “implied consent” law to help deter drunk driving or driving while under the influence of drugs and alcohol. Implied consent means that when you are issued an Arizona driver’s license, you are automatically consenting to taking a chemical test if you are stopped by law enforcement on suspicion of a DUI. Under this law in Arizona, (Section 28 -1321 of the Arizona Revised Statutes):

“A person who operates a motor vehicle in the state gives consent to a test of the person’s blood, breath, or urine” . . . if the person is arrested for any offense arising out of acts alleged to have been committed in violation of this chapter . . . while the person was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs.”

The test is given to determine your blood alcohol content and must be done within two hours. The arresting officer has the discretion of deciding which type of chemical test you will undergo.

If you refuse to submit to a chemical test after being arrested, you will be required to hand over your license. You will be given a temporary permit to drive that is valid for 15 days. The arresting officer will then file a report concerning your refusal which will result in a license suspension of one year. You must give a definite yes when agreeing to the chemical test and must complete the test in order to avoid the automatic suspension.

Second refusals or subsequent refusals within 7 years of a previous DUI will result in a 2-year suspension. When you are notified of your license suspension in writing from the state, you will have the opportunity to challenge it. To do so, you have to request a hearing within 15 days of the date of the suspension notice. At the hearing you will be able to present evidence in your favor, such as lack of reasonable grounds for your traffic stop and arrest, what happened during the incident, your refusal to submit to a test, and more. Whether your driving privileges will be suspended or reinstated will be up to the MVD.

Get Experienced Legal Help from a Phoenix DUI Attorney

If you are located in the Phoenix area and have been charged with drunk driving, it is important to hire an attorney who is familiar with defending DUI. DUI cases can be very complicated and challenging, as they involve scientific, legal, and even medical factors. Improper police procedure, chemical testing equipment and maintenance, as well as medical and other conditions which can play a role in false blood alcohol content readings may all need to be investigated and clarified. A Phoenix DUI lawyer at the Knowles Law Firm is part of a legal team that has extensive experience and skill in all aspects of DUI defense, which makes this firm a top choice for legal representation.

Visit www.knowleslaw.org to learn more.